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TMCNet: Efforts to curb drivers' cell phone use stall in Wisconsin: Dangerous distractions

[July 05, 2008]

Efforts to curb drivers' cell phone use stall in Wisconsin: Dangerous distractions

(Milwaukee Journal Sentinel, The (KRT) Via Acquire Media NewsEdge) Jul. 5--MADISON -- When Wisconsin drivers hit the road, they're able to do it with cell phone freely in hand.

While other states have restricted the use of mobile cell phones behind the wheel -- requiring hands-free devices, curbing use by young drivers or banning text messaging -- efforts to pass similar laws have gained little traction here.

This week, California and Washington became the latest states to require drivers to use a hands-free device when talking behind the wheel, joining Connecticut, New York, New Jersey, Utah and the District of Columbia, according to the National Conference of State Legislatures.

Eighteen states, including Minnesota and Illinois, and the District of Columbia restrict cell phone use for new, young drivers. Meanwhile, three states -- Washington, New Jersey and Minnesota -- now have laws prohibiting drivers from sending text messages while driving.

"You're continuing to see more sophisticated devices go into motor vehicles and legislators are struggling to keep up with distracting activities and determining which to regulate," said Matt Sundeen, transportation analyst for the National Conference of State Legislatures.

There are likely more cell phones on the road than ever before. Wisconsin had more than 3.6 million wireless subscribers in June 2007, up from 2.5 million wireless users in 2002, according to figures from the Federal Communications Commission.

Wisconsin's Senate this session passed a bill that would have prohibited text messaging by all drivers, but the Assembly didn't have time to consider it. Meanwhile, the Assembly approved a bill banning beginning drivers from using a cell phone or other wireless devices behind the wheel, but it didn't reach the Senate floor.

Sen. Alan Lasee (R-De Pere), author of the text messaging bill, said that as mobile devices have proliferated, there are more features that can become a distraction.

With text messaging "you have to take your eyes and your hands off the road to send a message or read a message," Lasee said.

Rep. Jerry Petrowski (R-Marathon), chairman of the Assembly Transportation Committee, said the bill was sent to the Assembly too late for a committee hearing.

Text messaging by drivers not covered under his bill could be subject to inattentive driving laws, Petrowski said.

Petrowski was also focused on getting his own bill passed. The measure would prohibit drivers younger than 18 from using mobile devices -- texting or talking -- during the time they have an instruction permit or when they are within the first nine months of a probationary license.

The graduated driver's license program has helped improve the safety of young drivers, he said. Since the law was enacted in 2000, the percentage of fatal and non-fatal crashes involving teen drivers in Wisconsin has decreased.

The bill passed the Senate committee but didn't come up for a vote in the full Senate.

Senate Majority Leader Russ Decker (D-Weston) supported the wider text messaging bill, but felt it's a parental choice whether to let teens use their cell phones in the car, said Decker spokeswoman Carrie Lynch.

Other lawmakers have questioned how the laws would be enforced and said inattentive driving laws already make such activities illegal.

"Are we going to make it doubly illegal?" said Sen. Jeff Plale (D-South Milwaukee). He voted against the text messaging bill in the Senate and against the new-driver bill in the Senate Transportation Committee. "To me, they were just kind of these feel-good bills that actually cause more trouble."

Allison Truman, 13, of Medford, has a few years before she starts driving, but she said she'd agree with a law that limited her use of a cell phone in the car.

"I say if they're in the car, be off," Truman said, adding that otherwise it would be too tempting to reach for the phone.

Her father, Kenneth Truman, would like to see the law extend even further, until drivers are 18 and have more experience.

"I think they shouldn't even have them within reach," he said.

Some Wisconsin drivers think cell phones are problems that need to be addressed.

Jeff Olson of West Allis said he used to have to look out for kids and animals when he was riding on his Harley-Davidson motorcycle, but now he worries about dodging drivers chatting on cell phones -- both teens and adults.

"This seems to be a case of technology advancing further than the laws," Olson said. "More public awareness -- whether it's by another law or bringing attention out -- can do a lot."

But others say there are already laws on the books that cover inattentive driving, and that specific laws targeting cell phone use or text messaging would be too hard to enforce.

Rather than pass new laws, law enforcement could do a special crackdown on inattentive drivers like they do for speeding, said Caryn Sager of Mequon.

"I can be driving to work and I can see people putting on makeup, reading a map . . . and to me, that's inattentive driving," she said. "So much stuff is common sense and we shouldn't legislate common sense."

To see more of the Milwaukee Journal Sentinel, or to subscribe to the newspaper, go to http://www.jsonline.com.

Copyright (c) 2008, Milwaukee Journal Sentinel
Distributed by McClatchy-Tribune Information Services.
For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

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